# Akash v. State of U.P

- **Citation:** (2021) 8 ILRA 459
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2021-08-10
- **Case number:** Criminal Misc. Bail Application No. 22149 of 2021
- **Bench:** Sanjay Kumar Singh
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/akash-v-state-of-u-p-47227
- **Pages:** 6

## Headnote

(A) Criminal Law - Bail - Indian Penal
Code, 1860 - Sections 370-A(2),376D,
342, 34, 506 - The Code of Criminal
Procedure, 1973 - Section 161 - Protection
of Children from Sexual Offences Act -
Section
5/6
-
The
Immoral
Traffic
(Prevention) Act 1956 - Sections 3, 4, 5, 6,
7(1)(a), 7(2)(b) - Human trafficking and
immoral activities are an organized crime
and are done adopting different modusoperandi by a group of persons with their
different role extending full cooperation to
each
other
for
illegal
pecuniary
benefits.(Para - 7)

F.I.R lodged by Sub-Inspector - against seven
accused persons - allegation - information
received from the informer that prostitution is
being done by taking three girls hostages in a
building - used as Hotel/Guest House - raid
conducted by joint team of police force and
Anti-Human Traffic Unit - stated before the
police - accused persons forcibly indulged girls
in the prostitution - committed rape upon them
- victims after conducting medical examination
were sent to Women Rehabilitation Centre.

HELD:- Such persons, who are involved in
immoral trafficking activities also cause a
deleterious effect on the society as a whole.
They are hazardous to the civilized society at
large, and therefore, in order to control and
eradicate
this
proliferating
and
booming
devastating menace, such persons are not
entitled for any sympathy in the criminal justice
delivery system. No good ground to grant bail to
the applicant.(Para - 7)

Bail application rejected. (E-6)

## Text

8 All. Akash Vs. State of U.P.
459
gS mDr izdkj dk d`R; dsoy ,d O;fDr dks
izHkkfor ugha djrk ;g lkoZtkfud O;oLFkk esa
xMcMh ds leku gksxkA mnkgj.k ds fy, fdlh
dks tcju mlds /keZ esa ifjofrZr fd;k tkrk gS
rks ;g lHkh laoHkkoukvksa esa lkoZtkfud O;oLFkk
ds mYy?kau dh vk'kadk dks tUe nsxhA /keZ vkLFkk
dk fo"k; gS ;g ,d drZO; fu"Bk] ekeZr vkSj /keZ
ijk.k;rk dh oLrq gS bls fdlh fo'ks"k iwtk i}fr
ls ugha cka/kk tk ldrkA ftldk vPNk mnkgj.k
lezkV vdcj vkSj mudh iRuh tks/kkckbZ ls fy;k
tk ldrk gSA

8. ekuuh; loksZPp U;k;ky; us Hkh ekuk gS
fd /keZ ,d thou 'kSyh gSA vkLFkk vkSj ekeZr]
fo'okl dks ck/kk ugha tk ldrk gSA Hkkjr ns'k
fofHkUu lEiznk;ksa ds ekuus okyk ns'k gSA ;gka
/kkfeZd dV~jrk dk dksbZ LFkku ugha gS vkSj ykyp]
Mj o Hk; dk dksbZ LFkku ugha gSA ;fn dksbZ ,slk
djds /keZ ifjorZu djrk gS rks fdlh Hkh /keZ esa
og xzkg; ugha gS vkSj blhfy, Hkkjrh; lafo/kku
Hkh bldh btktr ugha nsrk gSA izR;sd ilZuy yk
ds rgr fookg ,d ifo= laLFkk gS vkSj fgUnw
dkuwu ds rgrfookg ,d ifo= laLdkj gSA fyyh
Fkkel ds ekeys esa ekuuh; loksZPp U;k;ky; us
iSjk 7] 8 vkSj
40 esa dgk gS fd bLyke esa fo'okl fdlh
okLrkfod ifjorZu ds fcuk vkSj dsoy 'kknh ds
fy, ,d xSj eqfLye dk /keZ ifjorZu 'kwU; gSA
bykgkckn mPp U;k;ky; us Hkh Jherh uwjtgak
csxe mQZ vatyh cuke mRrj izns'k ds ekeys esa
vo/kkfjr fd;k fd;k gS fd dsoy 'kknh ds fy,
/keZ ifjorZu Lohdkj ugha gSA

9. orZeku okn es Hkh ihfMrk dk rFkkdfFkr
/kekZUrj.k fnukad 18&11&2020 dks gqvk gSA
fudkgukek fnukad 28&11&2020 dks gqvk gSA
Li"V gS fd /kekZUrj.k fookg ds fy, fd;k x;k gS
vkSj og Hkh ihfMrk ds bPNk ds fo:}A

10. izLrqr ekeys esa ihMrk us dgk gS fd
vkosnd@vfHk;qDr us mlls >waB cksyk Fkk mldk
vkSj Hkh yMfd;ksa ls lEca/k FkkA lkns dkxt ij
mlls gLrk{kj cuok;s x;s Fks vkSj dqN dkxt
Ã...nwZ esa Fks ftls og i<uk ugha tkurh FkhA vU;
xokgksa ds c;kuksa esa vk;k gS fd vfHk;qDr igys ls
'kknh'kqnk Fkk vkSj >wB cksydj >kals esa j[kdj
igys ihfMrk dk fof/k fo:} /keZ ifjorZu djk;k
vkSj mlds ckn Ã...nwZ dkxtkrksa ij ftls ihfMrk
i<uk Hkh ugha tkurh Fkh] QthZ fudkgukek rS;kj
fd;k vkSj 'kknh dj fy;k] ekufld] 'kkjhfjd
'kks"k.k fd;kA volj ikus ij ihfMrk us iqfyl dks
cqyk;k vkSj eftLVsÂaV ds le{k vfHk;qDrksa ds
fo:} c;ku fn;k ftls vuns[kk ugha fd;k tk
ldrk gSA ihfMrk ds c;ku vUrxZr /kkjk 164 na0
iz0 la0 dks ns[kus ls yxrk gS fd ihfMrk bruh
Mjh o lgeh gqbZ gS vkSj tks dqN mlds lkFk gqvk
og ekjs g;k vkSj Mj ds crkuk ugha pkgrh gSA
mijksDr ifjfLFkfr;ksa dks /;ku esa j[krs gq,
vkosnd@vfHk;qDr tekur ikus dk vf/kdkjh ugha
gS vkSj mldk tekur vkosnu i= fujLr fd;s
tkus ;ksX; gSA

11. izdj.k ds leLr rF; ,oa ifjfLFkfr;ksa
dks n`f"Vxr j[krs gq, esjs fopkj ls vkosnd dks
tekur ij eqDr djus dk dksbZ Ik;kZIr vk/kkj ugh
ik;k tkrk gS rnuqlkj vkosnd dk ;g tekur
vkosnu i= cyghu gS ,oa fujLr fd;s tkus ;ksX;
gSA

12. rnuqlkj vkosnd tkosn mQZ tkfcn
valkjh dk ;g tekur vkosnu i= fujLr fd;k
tkrk gSaA
----------

(2021)08ILR A459
APPELLATE JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 10.08.2021

BEFORE

THE HON'BLE SANJAY KUMAR SINGH, J.

Criminal Misc. Bail Application No. 22149 of
2021

Akash ...Applicant
Versus
State of U.P. ...Opposite Party

Counsel for the Applicant:
Sri Sohan Lal Yadav, Smita Singh Deo
460 INDIAN LAW REPORTS ALLAHABAD SERIES
Counsel for the Opposite Party:
A.G.A.

(A) Criminal Law - Bail - Indian Penal
Code, 1860 - Sections 370-A(2),376D,
342, 34, 506 - The Code of Criminal
Procedure, 1973 - Section 161 - Protection
of Children from Sexual Offences Act -
Section
5/6
-
The
Immoral
Traffic
(Prevention) Act 1956 - Sections 3, 4, 5, 6,
7(1)(a), 7(2)(b) - Human trafficking and
immoral activities are an organized crime
and are done adopting different modusoperandi by a group of persons with their
different role extending full cooperation to
each
other
for
illegal
pecuniary
benefits.(Para - 7)

F.I.R lodged by Sub-Inspector - against seven
accused persons - allegation - information
received from the informer that prostitution is
being done by taking three girls hostages in a
building - used as Hotel/Guest House - raid
conducted by joint team of police force and
Anti-Human Traffic Unit - stated before the
police - accused persons forcibly indulged girls
in the prostitution - committed rape upon them
- victims after conducting medical examination
were sent to Women Rehabilitation Centre.

HELD:- Such persons, who are involved in
immoral trafficking activities also cause a
deleterious effect on the society as a whole.
They are hazardous to the civilized society at
large, and therefore, in order to control and
eradicate
this
proliferating
and
booming
devastating menace, such persons are not
entitled for any sympathy in the criminal justice
delivery system. No good ground to grant bail to
the applicant.(Para - 7)

Bail application rejected. (E-6)

(Delivered by Hon'ble Sanjay Kumar
Singh, J.)

 1- By means of this application,
applicant, who is involved in Case Crime
No. 144 of 2021, under Sections 370A(2),376D, 342, 34, 506,IPC, Sections 3, 4,
5, 6, 7(1)(a), 7(2)(b), The Immoral Traffic
(Prevention) Act 1956 and Section 5/6
Protection
of
Children
from
Sexual
Offences Act, police station Sector 24
NOIDA, district Gautam Budh Nagar,
seeks enlargement on bail during the
pendency of trial.

2- As per the prosecution case, in
brief, first information report has been
lodged on 28.02.2021 by Sub-Inspector
Manoj Kumar in respect of occurrence,
which took place on 27.02.2021 for the
offence under sections 370-A (2), 376, 342,
34, 506 IPC, sections 3, 4, 5, 6, 7(1)(a),
7(2)(b), The Immoral Traffic (Prevention)
Act 1956 and section 3/4 of Protection of
Children from Sexual Offences Act, against
seven accused persons, namely, Vishal
Kamboj, Vipul alias Mitthu, Rajan Shah
alias Rajan Gupta, Rizwan, Dayal, Sumit
Kumar and Akash (applicant), alleging
inter alia that on the information received
from the informer that prostitution is being
done by taking three girls hostages in a
building situated at I-24 Sector 12 NOIDA,
which was used as Hotel/Guest House, a
raid was conducted by joint team of police
force and Anti-Human Traffic Unit. The
F.I.R. further alleges that accused persons,
Vishal Kamboj, Vipul alias Mitthu, Rajan
Shah alias Rajan Gupta, Rizwan, Dayal,
Sumit Kumar and Akash have been
arrested from the place of occurrence and
four girls have been freed from their
captivity, who have stated before the police
that the accused persons were forcibly
indulged them in the prostitution and also
committed rape upon them. The accused
persons have disclosed that the owner of
the building is one Kirti Trivedi. The
accused persons have stated before the
police that they have indulged in the
activities of forcible prostitution done by
aforesaid four girls in the said building.
The recovered materials from the rooms of
8 All. Akash Vs. State of U.P.
461
the alleged building, were sealed and arrest
memo of the accused persons was prepared
by the police at the spot. The aforesaid four
victims
after
conducting
medical
examination
were
sent
to
Women
Rehabilitation Centre.

3- Heard learned counsel for the
applicant, Mr.Virendra Kumar Maurya
learned Additional Government Advocate
assisted by Mr. Rajmani Yadav, learned
Brief Holder representing the State and
perused the material placed on record.

4- It is argued by learned counsel for the
applicant that the applicant is absolutely
innocent and has falsely been implicated in
the present case with some ulterior motive. It
is further submitted by learned counsel for
the applicant that applicant has started doing
job in the said building/guest house prior to
one week of the alleged occurrence. He does
not have any knowledge that in the said
building the girls have been forcefully
indulged in doing prostitution by the other
accused
persons.
The
allegation
of
committing rape upon the victims is false.
The victims in their statements did not make
allegation of forceful rape against the
applicant. Other co-accused of this case are
main accused and his case stands at a
different pedestal. There is no recovery from
the possession of the applicant. It is also
submitted that the applicant has no criminal
antecedent to his credit and is facing
detention since 28.02.2021. It is next
contended that there is no chance of the
applicant of fleeing away from the judicial
process or tampering with the prosecution
evidence. Learned counsel for the applicant
lastly submitted that if the applicant is
released on bail, he will not misuse the liberty
of bail and will cooperate in the early
disposal of the case.

5- Per contra, learned Additional
Government Advocate vehemently has
opposed the bail prayer of the applicant by
contending that:-

(i)-on a raid conducted by joint
team of police force and Anti-Human
Traffic Unit, all the seven accused persons
including the applicant were apprehended
along-with four girls/victims from the
aforesaid building, which was used as
Hotel/Guest House.

(ii)-recovered girls have stated
before the police that they were forcibly
indulged into the prostitution by the
accused persons.

(iii)-victim Neeru, aged about 17
years in her statements disclosed inter-alia
that she is resident of Bihar. She came in
the contact of co-accused Rajan through
Keshav Thakur and Manish Patel, who
were her school mates. She on account of
love affair with co-accused Rajan left her
house on his insistence and came at
NOIDA with him in December 2020,
where Rajan married her and made
physical relation with her. She had stayed
at hotel for about two months, thereafter
Rajan compelled her for prostitution and
started sending new customers in her room
for making sexual relation with them, who
have forcefully committed rape on her.
Other employees were also aware about the
prostitution and they also made physical
relation with her. They also used to send
her out to their customer's place to satisfy
their lust. On making resistance, Rajan
tried to kill her. On getting a chance, she
told everything to the police. She in her
second statement has also stated that Rajan
Shah alias Rajan Gupta, Mitthu, Vishal,
Rizwan, Santosh, Pintu, Dayal, Sumit and
462 INDIAN LAW REPORTS ALLAHABAD SERIES
Akash (applicant) used to commit forceful
rape on her.

(iv)-victim Sneha has stated interalia that she is a resident of district
Muzaffarnagar. She was called by coaccused Rajan Gupta and Vishal through
escort service on the pretext of modeling.
Victim Dimpi and Meetthu stated inter-alia
that they are resident of West Bengal. They
were called by co-accused Rajan Gupta and
Vishal through escort service for giving
massage service at NOIDA, but on
reaching there, they were held hostage by
the accused persons and by extending
threat enmeshed them in the prostitution
/flesh trade. They also alleges that coaccused Rajan Gupta, Vishal Kamboj and
Vipul @ Mitthu committed rape on her and
enmeshed them into prostitution. They used
to send them out to make sexual relation
with new people and in the rooms of hotel
also all the accused persons including the
applicant compelled them to make sexual
relation with their customers giving threat
to their life.

(v)-on coming into light some new
facts during investigation, second statement
of the victims under Section 161 Cr.P.C.
were also recorded to elicit the truth. One
Kirti Trivedi is owner of the guest house in
question, which was taken by co-accused
Vishal Kamboj on rent. Co-accused Vipul @
Mitthu is manager, Dayal is cook, Sumit and
Akash (applicant) were employed for house
keeping work and Rizwan is caretaker of the
building/guest house. The girls were brought
by Rajan Shah @ Rajan Gupta and Vipul @
Mitthu in the guest house for the purpose of
prostitution alluring them adopting different
modus-operandi. All the accused persons
have made forceful sexual relation with the
victims. They snatched their mobile phones
and kept with them. On making protest by the
girls, they used to beat them. Recovered girls
had been trafficked and forcibly kept in the
guest house against their wishes and were
forced into prostitution.

(vi)-it is also pointed out that
accused persons in their statements under
Section 161 Cr.P.C. have also confessed that
they were indulged in the immoral traffic
activities/ sex trade. Prostitution was allowed
in the hotel rooms and big customers were
given a better deal. Co-accused Vishal
Kamboj disclosed that the building in
question was taken by him on rent at the rate
of Rs. 70,000/- per month and they used to
charged Rs. 2,000/- to 5,000/- per hour for a
girl in the hotel/ Guest house and upto Rs.
35,000/- for two hours, on sending the girls
out of hotel at the customer's place.
Customers
were
charged
heavily
for
providing cigarette, hukka, liquor, bear etc. in
the hotel and they earns much more by illegal
act of prostitution. Guest house workers
including applicant were being paid Rs.
15,000/- per month. It is further submitted
that victims have been rescued from the
clutches of the accused and handed over to
their family members. The Charge sheet has
been submitted in this case against the
applicant and co-accused and it cannot be
said that accused persons were unknown of
the consequences of their act, ergo the
innocence of the applicant cannot be
adjudged at pre trial stage. Lastly, it is
submitted that in case, the applicant is
released on bail, he will misuse the liberty of
bail. Considering the facts and circumstances
of the case, the applicant does not deserve
any indulgence, as the offence is against the
society.

6- Having heard the argument of the
learned counsel for the parties, I found that
the applicant was caught by the police from
the guest house along with other co-
8 All. Akash Vs. State of U.P.
463
accused of this case. Victims were also
recovered at that time. As per the
statements of the victims, all the accused
persons in collusion with each other were
deeply involved with their different role in
getting the prostitution done in the guest
house. There is specific allegations of
immoral activities against all the accused
persons of this case. Victim Neeru in her
second
statement
under
Section
161
Cr.P.C. has also levelled allegation of
making forceful sexual intercourse/rape on
her against the applicant along with other
co-accused. The victim Sneha, Dimpi and
Meethu also clearly stated that co-accused
Dayal, Sumit, Akash (applicant) and
Rizwan, have also compelled them for
prostitution by extending threat. All the
recovered girls/victims have stated that
they were detained in the said premises for
the purpose of prostitution and they have
been sexually exploited by the accused
persons for commercial purposes. The
applicant was having knowledge about
immoral traffic activities/prostitution and
was deliberately engaged in facilitating the
sex trade in the public place.

7- Immoral trafficking activities are a
very
complex
and
multidimensional
phenomenon. Recovery of innocent victims
is a long, painstaking and dexterous process,
hence
it
requires
a
multidisciplinary
approach. Human trafficking and immoral
activities are an organized crime and are done
adopting different modus-operandi by a
group of persons with their different role
extending full cooperation to each other for
illegal
pecuniary
benefits.
Hotel
and
restaurant workers are paid additional amount
in such matters for keeping mum and
facilitating
sex
trade.
Prostitution
has
connotations of criminality and immorality.
Though there are various factors behind the
increasing trend of immoral activities, but in
majority cases, the innocent girls/victims got
involved in sex trade/prostitution fraudulently
against their wishes creating an atmosphere
of terror by the antisocial elements and on
account of their high connections, influences,
money and muscle power, generally a
common men do not dare to raise voice
against them. The daughters are pride and
honor of the family in a civilized society. The
sudden disappearance of girls and their
remaining untraced for a long period of time
causes pain and trauma to their families
throughout. Such people who are enmeshing
the innocent girls into prostitution/sex trade
for
their
pecuniary
gain,
instead
of
empowering them not only ruin whole life of
the victims, but also take away the happiness
of victim's family. Such incidents are being
increased day by day. This Court is of the
view that such persons, who are involved in
immoral trafficking activities also cause a
deleterious effect on the society as a whole.
They are hazardous to the civilized society at
large, and therefore, in order to control and
eradicate this proliferating and booming
devastating menace, such persons are not
entitled for any sympathy in the criminal
justice delivery system.

8- In view of above considering the
facts and circumstances of the case,
submissions advanced on behalf of parties,
gravity of the offence and severity of the
punishment, I do not find any good ground
to grant bail to the applicant. Accordingly,
the bail application is rejected.

9- However, it is made clear that the
observations contained in the instant order
is confined to the issue of bail and shall not
effect the merit of the trial.

10- Office is directed to send the copy
of this order to the informant and
concerned Court below within two weeks.
464 INDIAN LAW REPORTS ALLAHABAD SERIES
----------
(2021)08ILR A464
APPELLATE JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 11.08.2021

BEFORE

THE HON'BLE SANJAY KUMAR SINGH, J.

Criminal Misc. Bail Application No. 22430 of
2021

Bulle ...Applicant
Versus
State of U.P. ...Opposite Party

Counsel for the Applicant:
Sri Anil Kumar Tripathi, Sri Arun Kumar
Pandey

Counsel for the Opposite Party:
G.A.

(A) Criminal Law - Code of Criminal
Procedure, 1973 - Section 161-Bail -
Examination of witnesses by police - 1st
and 2nd proviso to Section 161(3) -
statement
of
the
victim/prosecutrix
recorded by woman police officer & by
audio-video
means
-
Section
164
-
Recording of confessions and statements .

Statement under Section 164 Cr.P.C. of victim
recorded on 04.12.2020 - made allegation of
rape against applicant and co-accused
-
thereafter investigating officer has recorded the
second statement of victim under Section 161
Cr.P.C.on 07.12.2020, in which she has assigned
the role of committing rape only against the
applicant .

HELD:-
Second
statement
of
the
victim/prosecutrix not recorded by, a woman
police
officer,
audio-video
means
&
no
explanation has been given for not following the
provisions provided in 1st and 2nd proviso to
Section 161(3) Cr.P.C..It is common argument
on behalf of the prosecution in all such cases
that there is no bar for recording the second
statement under section 161 Cr.P.C. of the
victim/prosecutrix. In the opinion of this Court,
the statement under Section 164 Cr.P.C. will
prevail over the statement under Section 161
Cr.P.C. (Para - 9)

Bail application of the applicant to be
listed on 02.09.2021 for hearing . (E-6)

(Delivered by Hon'ble Sanjay Kumar
Singh, J.)

1- Heard Mr. Anil Kumar Tripathi,
learned counsel for the applicant and Mr.
M. C. Chaturvedi, learned Additional
Advocate General assisted by Mr. Rajesh
Mishra, learned A.G.A. appearing on
behalf the State of U.P. and perused the
record.

2- On 30.07.2021, the following order
was passed:

It is pointed out by learned
counsel for the applicant that the statement
under Section 164 Cr.P.C. of the victim
was recorded on 04.12.2020, wherein she
has made allegation of rape against the
Bulle (applicant) and co-accused Badal,
but thereafter investigating officer has
recorded the second statement of victim on
07.12.2020, in which she has assigned the
role of committing rape only against the
applicant and so far as co-accused Badal is
concerned, she has stated that she earlier
had made allegation of rape against coaccused Badal on the advice of her
counsel. On the said statement, co-accused
Badal has been charge sheeted only under
Section 366 I.P.C.

It has been vehemently urged by
learned counsel for the applicant that after
recording statement under Section 164
Cr.P.C., there was no occasion for the
investigating officer to record the second
statement of the victim under Section 161